City Council Meeting Schedule January 2018

City Council Meeting Schedule January 2018

To assure disabled persons the opportunity to participate in or benefit from City services, please provide twenty-four (24) hour advance notice for additional arrangements to reasonably accommodate special needs.

Please be advised that all Kennewick City Council Meetings are Audio Taped

January 2018 Updated 1/30/18

January 2, 2018

Tuesday, 6:30 p.m. REGULAR COUNCIL MEETING January 9, 2018 Tuesday, 6:30 p.m. WORKSHOP MEETING

1. Open Public Meetings/Public Records 2. Parliamentary Procedures 3. Boards & Commission Appointments 4. Legislative Priorities

January 16, 2018 Tuesday, 6:30 p.m. REGULAR COUNCIL MEETING January 23, 2018

Tuesday, 6:30 p.m. WORKSHOP MEETING - Cancelled January 30, 2018 Tuesday, 6:30 p.m. WORKSHOP MEETING

1. Hanford Communities Update 2. Port of Kennewick Interlocal Agreement 3. Sign Code Update 4. Executive Session pursuant to RCW 42.30.140 –

Anticipated Length 15 Minutes (Collective bargaining negotiations and related discussions, and meetings involved with planning for such negotiations and for grievance and mediation proceedings.)

Council Workshop Coversheet

1.Agenda Item Number

Hanford Communities UpdateSubject

✘Info Only

Policy DevMnt

Policy Review

Other

Terri WrightJan 23, 09:35:29 GMT-0800 2018Through

Marie MosleyJan 25, 22:16:00 GMT-0800 2018City Mgr Approval

01/30/2018Meeting Date

Reports/PlansAgenda Item Type

City ManagerDepartment

Summary

Dept Head Approval

Kennewick Overview 2017Attachments:

Ordinance/Reso # Contract #

Permit #Project #

Pam Brown-Larsen will provide Council with an update on the Hanford Communities accomplishments for 2017 and goals for2018.

Overview of the Hanford Communities 2017 Activities

December 13, 2017

Thanks to Mayor Young who serves on the Governing Board and Marie Mosley who is a member of the Administrative Board of the Hanford Communities. Overview of the Hanford Communities Issue Agenda Process December – Administrative Board develops a draft the agenda for the next year January - Communication with DOE and Contractor Companies Governing Board adopts the agenda Ecology Contract – $100,000 – shift to state fiscal year Programs for cable TV

• 618-10 Waste Burial Ground • PUREX Tunnel Collapse

Web site update - videos are on EM website

Speakers Bureau- Very successful this year 56 contacts in WA & OR

3 Newsletters – you all receive copies – hyper link to documents referenced Board members met with DOE-RL and ORP Site Managers including Brian Vance the newly appointed manager of ORP Frequent communication with Congressman Newhouse and his staff here and in D.C.

Elected officials met personally with the Congressman in February. Frequent communication with staff of our US Senators. As Ranking D on the Senate Energy committee Senator Cantwell has 13 staff people on the committee Rory Stanley has the lead on Hanford Issues, we met with him 2 times Jo Eckert in Murray’s office – also 2 times

Briefings on Current Hanford Topics WTP Progress Report A new Completion Contract at the beginning of the year – extends to 2022 covering LAW completion, lab, BOF, commissioning & post-commissioning FY17 accomplishments:

1. Installed final piece of major engineered equipment for the Low-Activity Waste Facility. This was the caustic scrubber, a piece of the off gas (or exhaust) treatment system.

2. Completed assembly of both melters for the Low-Activity Waste Facility. 3. Resolved the first three technical decisions related to nuclear safety for the

Pretreatment Facility 4. Completed full-scale pulse jet mixer controls testing for Standard High Solids Test

Vessel for the Pretreatment Facility 5. Energized two switchgear buildings, critical for providing permanent power to the Low-

Activity Waste Facility and its 20 support structures 6. Completed HEPA filter testing, the filters needed for all three nuclear processing

facilities 7. Began civil construction for the Effluent Management Facility

Central Plateau – July briefing by Ty Blackford President of CH2M Hill Hanford PFP nearing completion, McClusky building - Dash 5 - PRF Demolition will be complete by the end of the year or early 2018

WESF - 77 M curries ½ of Hanford total Capsules will be removed and placed in storage casks they will be placed on a concrete pad and ultimately shipped to a deep repository site surveys and geotechnical evaluations for the pad will be done in2018 River Corridor Cleanup – nearly complete 324 bldg. procuring and testing equipment at mock up facility The equipment will be placed in 324 in 2018 with startup in 2019 Placed 6 deactivated reactors in interim safe storage Cleaned up waste sites, burial grounds & contamination plumes Managed ERDF Groundwater - In 2017 workers removed more than 145,000 lb of contaminants and Treated more than 2,2 billion gallons of groundwater K Basin Sludge removal Equipment was installed in 2017 to move sludge from the basin to the Annex Following completion of the ORR, plan to remove sludge in 2018 618-10 burial ground south of FFTF near highway Waste from years of experiments and fuel fab in 300 area 32% more waste than projected – 2,200 drums

Remediation of waste in trenches complete in 2016 VPU briefing – 94 most are drums welded together some steel pipes Pounded in over casings Augured over casings – segregated waste – most went to ERDF 2 other waste sites finished this year – revegetation to follow Sampling results have confirmed that cleanup is complete

July – Issue briefing on PUREX Tunnel collapse PUREX was used to extract plutonium from 70,000 fuel rods 2 tunnels adjacent to the facility contain rail cars with contaminated equip.

May 9 – tunnel collapse observed – emergency was well handled Following a structural analysis grout was injected in tunnel 1 Work on tunnel 1 is complete. Grouting of tunnel 2 will begin next year July – ORP briefing Contracts expire in 2018 (not Bechtel) Evaporator campaign completed in July freeing up 200,000 gal of space C Farm – tanks have been emptied, time to close the farm Vapor Mgt. Evaporator stack extended 65 ft. monitoring technology in place Testing air purifying respirator filter cartridges – reduces the bulky equip Bechtel is building EMF for early LAW, transitioning facilities to operations The startup group will begin component testing of LAW facilities with water LAW PS working on site preparation and equipment fabriciation Construction in 2019 RL Site Manager Lunch September 29 - 45 Day Initiatives to Advance Cleanup

Training institute - make qualifications & certifications transferrable between sites Better integration of CERCLA and RCRA Streamline the CERCLA RI/FS and ROD processes Develop a Hanford Integrated Priority list The Central Plateau is 10 sq.mi. estimated cost $100 billion – a strategy & realignment of tasks is needed DOE-Hq requesting a realignment of priorities – topic of intergovernmental meeting Decision made to make a trip to Olympia to meet with Ecology and The AG’s office to discuss the High Level Waste definition

ORP Delmar Noyes, Assistant Manager for WTP – 45 Day Initiatives for ORP T Farm tank waste – 1.5 mission gallons - treat as TRU Explore multiple cleanup and disposal pathways for tank waste Regulate tank waste under superfund (CERCLA) Develop a plan to close the C Tank Farm Explore “in farm” waste separation/treatment Reduce risk from vapors Tank AY 102 was emptied this year and won the International PMI Project of the Year Energy Communities Alliance Working with other communities on options for disposal of high level waste. A meeting was held in DC in June. We met with DOE-HQ & congressional staff Issue Paper developed – we had a lot of input into it. Well received by DOE September Cleanup workshop – very informative Advocacy for Issues of Local Concern Worked with a leadership team to develop a white paper regarding regional priorities for “Community Commitment Clauses” in upcoming Hanford contracts. Developed a strategy for participation in “Community Days” for each contract.

Worked with TRIDEC on Energy Park – Mid Columbia Energy Initiative

Stakeholders for Nuclear Waste Reform – monthly conference calls EPA – frequent communication with Dennis Faulk and his staff Established monthly meetings with DOE-RL staff to improve coordination Liaison for Benton Co. EOC to DOE and Energy NW - 1 drill this year Monitored progress on the recovery of the WIPP facility At PNNL’s request meet with senior managers from TEPCO in Japan to discuss community involvement in DOE cleanup decisions. Support for local PILT funding

Combined Intergovernmental Working group – Work with DOE headquarters I represent ECA on the steering committee Intergovernmental Meeting – Site focus on 45 day initiatives Heritage Tourism & B Reactor Preservation

Our local Advocacy Committee is working with Los Alamos and Oak Ridge On branding, cross marketing and web page development We jointly hosted a trade booth at the annual Waste Management conference

White Bluffs Bank restoration complete New NPS Hanford manager – Becky Burghart is in place We hosted an ECA Peer Exchange on Development of the Manhattan Project National Historical Park (see pages 27 and 28 for a report on the meeting) It was very successful with over 60 participants Next Year National Policy on High Level Waste Disposition Work with others around the country to sustain EM funding



Columbia Gardens Pre-Treatment FacilitySubject

Info Only

Policy DevMnt

Policy Review

✘Other

Bonnie LanningJan 24, 12:56:50 GMT-0800 2018Through



Contract/Agreement/LeaseAgenda Item Type

City AttorneyDepartment

Summary

Lisa BeatonJan 24, 13:08:45 GMT-0800 2018Dept Head Approval

Interlocal Agreement - Treatment RoomAttachments:


Permit #Project #

The City and the Port of Kennewick have been working together in partnership on the development of the Columbia Gardensurban wine village. The project area consists of 14 acres of undeveloped land which has been divided into two phases.Phase one of the project includes three buildings housing two working wineries; production, a tasting room, case goodsstorage, related offices and a wine effluent treatment system. Early in the development process, the City and Port recognizedthat a wine effluent treatment system would be an essential element to support the development of working wineries to belocated in the Project Area. The purpose of this Interlocal Agreement is to establish the roles and responsibilities regardingthe installation, operation and maintenance of the pretreatment system located in one of the Port’s new buildings in theproject area. In exchange for the City’s investment in the pre-treatment system, the City’s facility will occupy the Port buildingrent free. The term of the Interlocal Agreement is for five years and may be renewed for an additional five-year term.

INTERLOCAL AGREEMENT – Page 1

INTERLOCAL AGREEMENT REGARDING

COLUMBIA GARDENS WINE VILLAGE EFFLUENT TREATMENT FACILITY

I. PARTIES

This Interlocal Agreement is entered into this ____ day of ___________, 2018, between the PORT OF KENNEWICK, a Washington municipal corporation (“Port”), and the CITY OF KENNEWICK, a Washington municipal corporation, (“City”) referred to collectively as the “Parties.” The Parties agree as follows:

II. RECITALS 2.1 Economic Development Authority. The Port and the City are authorized, including

under Chapters 39.33 and 39.34 of the Revised Code of Washington, to contract with each other and other public agencies in order to effectively and efficiently operate, administer and carry out their programs and public projects.

2.2 Location of Facility in Project Area. The Port owns approximately 14 acres of

undeveloped land in the City which it intends to develop as an urban wine village (the “Project Area”). The Project Area is divided into Phase I, which includes three buildings housing two working wineries (production, tasting room, case goods storage and related administration/offices, and a wine effluent treatment system. Phase I is as shown on Exhibit “A.” Phase II will consist of two separate areas, the “Columbia Gardens Phase II” and the “Willows”, and each area shall be developed with utilities, streets and lots for sale or lease for winery and related purposes and to work in partnership with Columbia Basin College (the “College”) to build a Culinary Arts School, all of which will complement the wineries to be established in Phase I. Phase II, consisting of the two separate areas, is as shown on the site plan attached hereto as Exhibit “A.”

2.3 Opportunity for Collaborative Development. The Parties recognize that successful

economic development within the City benefits the economic and social welfare of the City and the surrounding area. The Parties also recognize that a wine effluent treatment system is an essential element necessary to support the development of the working wineries to be located in the Project Area. The Parties, cognizant of the unprecedented opportunity for collaborative development by investing in redevelopment of challenging properties, hereby choose to collaborate on the location, installation, and maintenance of a wine effluent treatment system located in the Port’s new building located at 421 E. Columbia Drive Suite A130, Kennewick, WA (the A Building). The location of the wine effluent treatment system is as shown on Exhibit “B.” Establishment of the wine effluent treatment system will dramatically enhance the development of the Project Area into a destination wine village, permitting the Parties to attract major private sector investment.


III. OBLIGATIONS OF THE PARTIES 3.1 General Provisions Related to Construction. The City has permitted, designed, and

engineered the wine effluent treatment system. The City has bid the construction and monitored/administered construction of the wine effluent treatment system. Construction of the wine effluent treatment system will be completed and the system will be operative on or before March 1, 2018.

3.2 Operations and Maintenance. The City:

(a) Shall be responsible for the Operations and Maintenance of the wine effluent treatment system.

(b) Shall maintain the interior (from wall studs inward) of the wine effluent treatment

room, all wine effluent treatment equipment, all associated equipment, materials, supplies of any kind whatsoever placed by the City into the wine effluent treatment room located in the Port’s A building Suite A130, as shown on Exhibit “B” attached hereto. The room shall be used by the City to monitor its wine effluent treatment system. The City shall have access to the room at all times necessary to monitor the wine effluent treatment system and to maintain the room. The City’s access to the room shall not disrupt the tenant’s business operations. Should the City need access to the room or the immediately adjacent tenant breezeway area, the City shall provide tenant with reasonable notice of no less than 24 hours unless otherwise agreed by the tenant.

(c) There shall be no rent due from the City to the Port for the treatment room. The

City shall pay all separately metered electricity and water utility charges directly associated with the small effluent treatment room.

IV. ADMINISTRATION

4.1 Responsibilities. This Agreement shall be administered by the City Manager or her

designee and the Port Chief Executive Officer or his designee. Working in partnership and on behalf of their respective agencies these individuals shall be responsible for:

(a) Establishing policies for implementing this Agreement;

(b) Providing periodic progress reports; (c) Monitoring progress of the Parties and other agencies in the fulfillment of their

respective responsibilities; and (d) Follow applicable City and Port bid and prevailing wage law policies and

procedures when awarding bids for this project.


4.2 Document Review. The Parties shall cooperate by sharing all relevant information,

including planning, financial and environmental documents, to the extent allowed by law. 4.3 Expenses and Financial Contingency. Except as otherwise provided, the obligations of

each Party shall be performed at the sole expense of said Party.

V. GENERAL 5.1 Amendment. This Agreement shall not be altered or varied except in writing signed by

each Party. 5.2 Governing Law. Each of the Parties has independent authority to contract; and, this

Agreement is pursuant to that authority and shall be governed by, construed and enforced in accordance with the substantive laws of the State of Washington.

5.3 Venue. The venue for any action arising out of this Agreement shall be the Superior

Court for Benton County. 5.4 Non Waiver. Nothing in this Agreement and no actions taken pursuant to this

Agreement shall constitute a waiver or surrender of any rights, remedies, claims or causes of action a Party may have against the other Party or others under any provision of this Agreement or any provision of law.

5.5 Agreement Term. The term of Agreement shall commence on its execution by both Parties and end December 31, 2028 (“Agreement Term”). The Parties may elect to renew the Agreement for one successive five (5) year term commencing January 1, 2028, and ending December 31, 2033.

5.6 Inspection of Records and Filing. The records and documents with respect to all

matters covered by this Agreement shall be subject to inspection by the Parties during the term of this Agreement and for three years after its termination. This Agreement shall be filed or listed pursuant to RCW 39.34.040.

5.7 No Separate Legal Entity. It is not the intention that a separate legal entity be

established to conduct the cooperative undertaking nor is the joint acquisition, holding or disposing of real or personal property anticipated.

5.8 Severability. In the event any term or condition of this Agreement or application thereof

to any person, entity or circumstance is held invalid, such invalidity shall not affect any other terms, conditions or applications of this Agreement which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this Agreement are declared severable.

5.9 Defense and Indemnity. Each party shall indemnify, defend, protect, hold harmless, and

release the other, its officers, agents, and employees, from and against any and all claims,


loss, proceedings, damages, causes of action, liability, costs or expense (including attorneys’ fees and witness costs) arising from or in connection with or caused by any act, omission, or negligence of such indemnifying party.

5.10 Integration. With the exception of the Interlocal Agreement between the City of

Kennewick and the Port of Kennewick for Columbia Gardens - Phase I executed on November 8, 2013, and amended on July 21, 2015, and the Interlocal Agreement between the City, Columbia Basin College, and the Port for Columbia Gardens Phase II executed on January 5, 2017, this Agreement supersedes all prior agreements and understandings (whether written or oral) between the Parties with respect to the subject matter hereof.

5.11 Breach. In the event of a breach of this Agreement, the non-breaching Party shall retain

all legal and equitable remedies against the breaching Party.

VI. EXECUTION AND APPROVAL 6.1 Warranty of Authority. Each Party to this Agreement warrants that it has the authority

to enter into this Agreement. 6.2 Execution. The person executing for a respective Party has been duly authorized to and

does execute the Agreement on behalf of that respective Party. PORT OF KENNEWICK Date: _________________________ __ By: ______________________________________

TIM ARNTZEN, Chief Executive Officer Approved as to Form: ________________________________ LUCINDA LUKE Attorney for Port of Kennewick

CITY OF KENNEWICK Date: _________________________ By: ______________________________________

MARIE E. MOSLEY, City Manager Approved as to Form: ______________________________ LISA BEATON, City Attorney


EXHIBIT A Project Area


EXHIBIT B

Effluent Treatment Room Location



Sign Code UpdateSubject

Info Only

✘Policy DevMnt

Policy Review

Other

Bonnie LanningJan 24, 12:36:26 GMT-0800 2018Through



PresentationAgenda Item Type

City AttorneyDepartment

Summary

Lisa BeatonJan 24, 13:28:44 GMT-0800 2018Dept Head Approval

KMC 18.24 - RevisedPresentation

Attachments:


Permit #Project #

In June, 2015 the U.S. Supreme Court issued a significant sign code decision in Reed v. Town of Gilbert, 135 S.Ct. 2218(2015). In that case the Court addressed whether the Town of Gilbert’s sign code regulating portable signs violated the FirstAmendment because it provided a variety of exemptions depending upon the content/message of the sign – such as“political,” “temporary directional” or “ideological”. The Supreme Court held that a sign regulation which “on its face considersthe message on a sign to determine how it will be regulated, is “content based.” A content based regulation is subject to strictscrutiny analysis which is the highest constitutional hurdle. It requires a municipality to show that the content basedrestrictions further a compelling governmental interest and are narrowly tailored to that end. In the Reed case, the sign codetreated political signs more favorably than temporary directional signs – the town was unable to show a compellinggovernmental interest; they could not show that directional signs posed a greater threat to safety, or aesthetics thanideological or political signs.

The Supreme Court’s ruling in Reed v. Town of Gilbert established a new standard for sign code regulations requiringessentially every municipality in the Country to review and revise their codes to come into compliance. Reed v. Town ofGilbert left a number of unanswered questions regarding regulation of non-commercial portable signs as well as whether theholding extended to the regulation of commercial signs. Since the Supreme Court’s decision, a number of federal circuitcourts have issued decisions providing additional guidance on how cities can apply the Reed decision. Additionally, a fewcities in Washington have amended their sign codes in an attempt to come into compliance with Reed. The purpose of thisworkshop presentation is to review current case law, discuss proposed changes to the City’s sign code, and the next stepsfor implementation.

Sign Code Questions as a result of Reed v. Gilbert Case Law Review

Proposed Changes to Comply with Case Law Next Steps

Reed v. Town of Gilbert, 135 S.Ct. 2218 (2015): The Town of Gilbert sign code required permits for signs, but provided a

variety of exemptions depending upon the content of the sign – divided into three categories “Political Signs,” “Temporary Directional Signs,” and “Ideological Signs.”

Supreme Court held that a sign regulation which “on its face considers the message on a sign to determine how it will be regulated, is ‘content based.’”

A content based regulation is subject to strict scrutiny analysis which is the highest constitutional hurdle.

Requires municipality to show that the content based restrictions further a compelling governmental interest and are narrowly tailored to that end.

Sign Code questions from Reed v. Gilbert

How can a City regulate noncommercial portable signs?

Can a City mitigate the visual impact of

noncommercial portable political signs? Does Reed v. Town of Gilbert extend to

Commercial Speech?

Collier v. City of Tacoma, 121 Wash.2d 737 (1993): Pre-election time restrictions on posting political signs are

unconstitutional.

A reasonable post-election time period for removal was deemed constitutional (pre-Gilbert decision).

Political signs may not be prohibited in the parking strip portion of the right of way, but can be excluded in the median, traffic circles and other portions of the right of way, provided the prohibition applies to all signs.

Contest Promotions v. City and County of San Francisco, 704 Fed.Appx 665 (2017): San Francisco ordinance banned businesses from using “off-

site” general advertising signs (i.e. billboards), but permitted “on-site” business signs (i.e. signs advertising the business to which they’re affixed).

The code stated the distinction only applied to commercial signs and did not apply to non-commercial signs.

Plaintiff argued per Reed the distinction between general advertising signs and business signs was a content based regulation of speech subject to strict scrutiny.

The Ninth Circuit held that Reed does not control the regulation of commercial speech, thus a lower standard of intermediate scrutiny analysis applies.

Act Now, et.al v. District of Columbia, 846 F.3d 391 (January 24, 2017); cert. denied (October, 2017).

District of Columbia allowed members of the public to post signs on its lamp posts.

Signs not related to the sale of goods could be affixed to lamp posts and not related

to an “event” could be posted for up to 60 days; non-commercial signs related to an event had no restriction prior to the event but must be removed 30 days following the event. Act Now sued the District of Columbia, claiming the sign code violated Reed v. Gilbert.

DC Circuit Court of Appeals held the lamp post rule’s distinction between event related signs and non-event related signs was content neutral regulation not on the subject matter of the speech but “a regulation of the places where some speech may occur;” it uniformly restricted the duration that event notices may remain affixed to public lamp posts.

Petition for Cert. to U.S. Supreme Court denied October 2017.

The City can regulate noncommercial signs in a content-neutral “time, place or manner” approach using factors like:

Location, such as commercial vs. residential locations or

zoning districts; Size and height; Type of structure (freestanding signs, monument signs,

permanent façade signs or banner signs); Use of materials; Maximum number; Lighted vs. unlighted signage; Moving parts; and Portability.

The City cannot prohibit portable non-commercial political signs from being placed in the parking strip portion of the right of way. The City can differentiate between portable non-commercial signs that relate to a specific event and portable non-commercial signs not related to an event without violating Reed v. Gilbert. The City may require portable non-commercial signs that relate to a specific event to be removed within a reasonable amount of time post event. Reed v. Gilbert does not apply to regulation of commercial signs, thus the City may continue to prohibit off-premise commercial signs.

Non-Commercial Portable signs related to an event may be displayed for no longer than 180 consecutive days per calendar year and must be removed no later than 14 days after the event.

Non-Commercial Portable signs are not permitted to be

placed on or affixed to any City property. Non-Commercial Portable signs located in residential

zones will be subject to limitations as to size and maximum number or signs.

Non-Commercial Portable signs located in commercial,

industrial and all other zones also subject to size limitation and maximum number.

Commercial sign regulations will remain the same; specifically prohibition on off-premise portable commercial signs.

Addition of Substitution and Severability Provisions.

Eliminate definitions or regulations of non-commercial signs which define sign type by content/message.

Planning Commission Workshop February 4th.

Planning Commission Public Hearing and Recommendation March 5th.

Regular Council Meeting March 20th.

18.24 - 1

CHAPTER 18.24

SIGNS

SECTION: 18.24.010: Purpose 18.24.020: Definitions 18.24.030: Sign Table 18.24.040: General Provisions 18.24.050: Regulation by Sign Type 18.24.060: Administration 18.24.070: Permit Applications 18.24.090: Change In Use 18.24.100: Substitution 18.24.110: Severability 18.24.010: Purpose: The purpose of this Chapter is to improve business in Kennewick; increase the City's attractiveness; promote a business person's right to identify their business through reasonable and effective methods; encourage the design and placement of signs in a manner which promotes the noticeability of Kennewick's scenic views and emphasizes Kennewick's street-side landscaping; minimize the dangerous conflicts between unregulated signage and traffic-control devices; minimize the distraction to motorists, bicyclists, and pedestrians from signs because of their shape, motion and competition for attention; and promote and protect the health, safety, property values, and general welfare of the citizens of Kennewick. (Ord. 5180 Sec. 1, 2007) 18.24.020: Definitions:

(1) “Auxiliary Sign.” Auxiliary sign is a sign that provides information such as direction, time and temperature displays, hours of operation, or warning; auxiliary signs are intended for the convenience of the public. An auxiliary sign may include the business name and/or logo, but may not include its product or services.

(21) “Awning.” Awning is a covering structure that projects horizontally from, and is attached to a building. An awning provides protection from the weather for persons or properties underneath it.

(32) “Awning Sign.” Awning sign is a non-illuminated or illuminated sign which is usually painted or screen printed onto the surface of an awning and which does not extend vertically or horizontally beyond the limits of the awning.

(43) “Banner Sign.” Banner sign is a sign made of lightweight material such as cloth, paper or flexible plastic with or without a rigid frame.

(54) “Business.” Business means any person, partnership, association, corporation, joint venture, or similar group whether operating for profit or not, and any governmental agency.

(65) “Canopy.” Canopy is an ornamental or protective roof-like structure that may be attached or detached from the main building and usually providing protection from the

18.24 - 2

elements to objects or people underneath. Structures over gas pump islands and over entrances of theaters or hotels are both examples of canopies.

(76) “Common Ownership.” Common ownership means groups of two (2) or more businesses when such businesses are located on one or more parcels of land or share public parking or maintenance facilities or when they conduct advertising on a regular basis; or when they function as a single entity in practical or business matters.

(8) “City, State, Federal, and Community Sponsored Events.” City, State, Federal, and Community Sponsored Events are nonprofit events or activities open to the public and associated with common interests or characteristics of the community. Examples of such events are: the elections, Water Follies, Benton-Franklin Fair and Rodeo, Little League Baseball, 4th of July parades or celebrations, and the like.

(97) “Construction Sign.” Construction sign is a sign installed in conjunction with construction or remodeling of a building.

(108) “Copy.” Copy is the medium by which the message or idea of a sign is communicated.

(119) “Development Sign.” Development sign is a sign, which through symbols or names identifies a development. Signs advertising residential or commercial properties “For Sale” or that identify an apartment complex, are examples of development signs.

(1210) “Directional Sign.” Directional sign is an off-premise sign that directs attention by name and/or logo to a business, group of businesses, or a business area.

(1311) “Electronic Message Sign or Center.” Electronic message sign or center is a sign on which differing copy is shown through an electronic or electrically controlled device, which may also display time and temperature or other messages.

(1412) “Freestanding Sign.” Freestanding sign is a single or multiple face sign attached to or supported by columns, uprights, braces, standards, or other type of base in or on the ground and not attached to the building. Freestanding signs are anchored to the ground in accord with the International Building Code. The method of anchoring may need to be confirmed by a professional engineer, as determined by the Building InspectorOfficial. (a) “Temporary, Freestanding Sign.” Temporary, freestanding signs are signs which can be moved from structure to structure, or site to site, and which are not anchored to the ground in accord with the International Building Code. Examples of such signs are “grass-hopper” signs, sandwich board/A-frame signs, small price signs, and similar portable signs.

(b) “Permanent, Freestanding Sign.” Permanent, freestanding signs are anchored to the ground in accord with the International Building Code. The method of anchoring may need to be confirmed by a professional engineer, as determined by the Building Inspector.

(1513) “Graphic Sign.” Graphic sign is a window sign or a sign, which is an integral part of a building's facade. The sign may be painted, carved, or permanently imbedded.

(1614) “Integrated.” Integrated means a sign in which all elements of the sign are incorporated into a single design, but including attachments or projections not part of a single motif.

(1715) “Mobile Sign.” Mobile sign is any sign mounted on a vehicle, trailer, or boat; or fixed or attached to a device for the purpose of transporting from site-to-site. This definition includes all vehicles placed or parked for the purpose of drawing attention to a service, product, object, person, organization, institution, business, event, location or message, but not signs Signs or lettering installed on vehicles, trailers or boats operating during the normal course of business are not considered mobile signs.

18.24 - 3

(1816) “Monument Sign.” Monument sign is a freestanding sign, not over six feet high and attached to the ground for a minimum of 66 percent of the length of the sign.

(1917) “Off-Premises Signs.” Off-premises signs are signs that advertise a service, product, object, person, organization, institution, business, event, location or message that is not available on the property upon which the sign is located. This includes mobile signs if their placement constitutes an off-premises sign.

(2018) “Pictorial Sign.” Pictorial sign is a sign that conveys the service, product, or activity of a site without words, company or product emblem, or numbers or letters. Pictorial signs display a message through color, shape, and spatial relations, and are appropriate in context and taste with recognized standards of the community. Colored neon tubing and murals are examples of appropriate medium for display of a pictorial sign.

(21) “Political Sign.” Political sign is a sign promoting or publicizing candidates for public office or issues that are to be voted upon in a primary, general, or special election.

(2119) “TemporaryPortable, Freestanding Sign.” TemporaryPortable, freestanding signs are is a signs which can be moved from structure to structure, or site to site,and is not designed to be permanently attached to a building or permanently and which are not anchored to the ground in accord with the International Building Code. Examples of such signs are “grass-hopper” signs, sandwich board/A-frame signs, small price signs, pennants and other similar portable signs. Banner signs are specifically excluded from this definition.

(2220) “Product-Sponsored Sign.” Product-sponsored sign is a sign, which identifies, displays or attracts attention to a product sold or available, but may or may not identify the on-site organization, institution, person, object, business service or event.

(2321) “Projecting Sign.” Projecting sign is a sign, other than a wall sign, which is attached to and projects more than eighteen inches (18”) from a structure, usually in a perpendicular manner. Projection defined as the distance by which a sign extends over public property or beyond the building line.

(2422) “Readerboard Sign.” Readerboard sign is a sign on which copy is designated so that it can be changed manually. It usually consists of a panel on which individual letters or pictorials are mounted, or displayed.

(2523) “Rooftop Sign.” Rooftop sign is a sign erected over or on the roof of a building, and is wholly or partially supported by the building.

(2624) “Sign.” Sign is any object, device, display, structure or part thereof, situated indoors or out which is used to identify, display, advertise, direct or attract attention to an object, person, organization, institution, business, product, service, event, location or message by any means including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images.

(2725) “Sign Area.” Sign area is the smallest circle(s), triangle(s) or rectangle(s), which will enclose the individual actual sign face. The supporting structure, which does not contain any part of the sign face, is not included in this definition. If a sign has back-to-back display faces, the area of only one face will be considered the sign area. If a sign has more than one face, all areas, which can be viewed simultaneously will be considered the sign area.

(2826) “Sign Height.” Sign height is the distance from the grade, or the top of the curb of the nearest street to the top of the sign or any projection thereon, whichever is higher.

(2927 “Street Frontage.” Streets, alleys, or public rights of way parallel to the property line used to compute the area of the sign(s) intended to be located in such a manner to have primary exposure on that street or right of way.

18.24 - 4

(3028) “Subdivision Directional Sign.” Subdivision directional sign is a sign advertising the direction to a subdivision by naming the subdivision and furnishing a directional arrow.

(31) “Temporary Sign.” Temporary sign is a sign intended for use for a short period of time. Examples of such signs include: grand opening signs, open house signs, special sale signs, sandwich board/A-frame signs, small price signs, pennants, and other similar signs. Banner signs are specifically excluded from this definition.

(3229) “Wall Sign.” Wall sign is a sign mounted parallel to a building facade or vertical building surface, which does not extend beyond the edge of any wall or surface to which it is mounted. Wall signs project no more than eighteen inches (18”) from the surface.

(3330) “Window Sign.” Window sign is a sign located on or within three feet of a window of a building, and visible from the exterior of a building. Window signs are graphic signs unless they qualify as auxiliary signs. (Ord. 5180 Sec. 1, 2007) 18.24.030: Sign Table:

(1) Signs shall comply with the applicable standards of Table A. Table A does not apply to the CBD or UMU zoning district. See Table B for CBD and UMU district sign regulation. located in Commercial, Industrial and Public Facility districts, other than the CBD zoning district shall comply with the applicable standards of Table A.

(2) Signs located in the CBD and UMU zoning districts shall comply with the applicable standards of Table B.

SIGN TABLE A

Sign Type Maximum Height

Maximum Sign Area Per Sign

Maximum Permitted Number of Signs

Special Considerations

Freestanding single business

60' Based on height of sign 0'-30' ht. up to 150 sq. ft. 31'-50' ht. up to 300 sq. ft. 51'-60' ht. up to 400 sq. ft.

Two per frontage

Freestanding group of businesses

60' 90 sq. ft. per business or the same maximum area per freestanding sign as the single business requirement, whichever is greater.

Based on frontage 0'-200' = Up to 2 signs 201' - 400' = Up to 4 signs 401'-600' = Up to 5 signs over 601' = Up to 6 signs

Wall Not beyond the top or ends of

25% of applicable wall

See 18.24.040(1)

Grandfather all existing signs

18.24 - 5

wall

area prior to passage of ordinance

Projecting Not more than 5” above or beyond the attaching wall

75 square feet or 1/2 frontage whichever is greater

See 18.24.040(1)

Graphic-window

Maximum building height

33% of applicable wall area or applicable window area

Pictorial Maximum building height

33% of applicable wall area

Awning 18' or two stories

25% of available wall area

Banner None None See 18.24.060.2(i)

Commercial Off-premises (existing)

30' 125 square feet See 18.24.050(76)

Grandfather existing off premises signs except bill boards

TemporaryNon-Commercial Portable

None See 18.24.050(616)

None See 18.24.050(616)

See 18.24.050(6)

Rooftop See 18.24.050(13)

One Grandfather existing signs prior to passage of ordinance

SIGN TABLE B

Sign Type Maximum

Height Maximum Sign Area Per Sign

Maximum Permitted

Number of Signs

Special Considerations

Freestanding single business

13' 32 square feet* One * Per sign face

Freestanding group of businesses

13' 64 square feet* One

18.24 - 6

Wall Not beyond the top or ends of wall


N/A Grandfather all existing signs prior to passage of ordinance

Projecting 10’ 24 square feet* One

Graphic-window

Maximum building height

33% of applicable wall area or applicable window area

N/A

Pictorial Maximum building height


N/A

Awning 8' 25% of available wall area

One

Banner

None None N/A

Commercial Off-Premises (existing)

Prohibited N/A N/A Grandfather existing off- premises signs except bill boards

TemporaryNon Commercial Portable

NoneSee 18.24.050(616)

NoneSee 18.24.050(616)

See 18.24.050(16)

Rooftop Prohibited

N/A Grandfather existing signs prior to passage of ordinance

(Ord. 5714 Sec. 1, 2017: Ord. 5434 Sec. 9, 2012: Ord. 5180 Sec. 1, 2007) 18.24.040: General Provisions:

(1) Number: Each permitted use within a commercial or industrial district may have a total of two (2) freestanding signs per street frontage and any combination but not to exceed four (4) of the following signs: projecting, wall, graphic, or pictorial. Auxiliary signs are permitted if the combined square footage of such auxiliary signs does not exceed the allowed total of the user's other permitted signs. Auxiliary signs located on windows or entirely within a structure are permitted without limitation.

(2) Area, Height, and Lighting: Sign area, height, and lighting are regulated by the standards contained in Table A.

(3) Structure: The structural components of signs are regulated by the currently adopted edition of Uniform Sign Code.

18.24 - 7

(4) Electrical: The electrical components of signs are regulated by the currently adopted edition of the National Electric Code. All electrical signs must bear the U.L. label.

(5) Illumination: The illumination of signs must be shielded, shaded, reduced or directed so that the light remains on the property and does not constitute a nuisance by distracting pedestrians and motorists. Strobe or strobe-like devices are prohibited from use where they are visible from the exterior of a building or location. Illumination of outdoor signs must comply with Chapter 15.26 KMC.

(6) Maintenance: All signs shall be maintained in a state of security and repair. If a sign is not so maintained, it must be removed or repaired within 30 days of notification by the Department. The owner, his agents, or assigns, are responsible for such maintenance and compliance with this Section.

(7) Sight Obstructions: All signs must be in conformance with Chapter 13.12 and Section 18.27.060 of the Kennewick Municipal Code (view obstruction and clearance triangle).

(8) Removal: When a business or business site is vacated, the applicable freestanding, wall, projecting, auxiliary, and street signs face must be removed within thirty (30) days of notification by the Department.

(9) Freestanding: All freestanding signs must be integrated. (Ord. 5180 Sec. 1, 2007) 18.24.050: Regulation by Sign Type:

(1) Awning Signs: Awning copy is exempt from this Section if no more than 100% of the maximum, available freestanding sign area is used for such copy. If more than 100% is used for the awning copy, then the other sign or signs for which the business is entitled must be reduced by an area equal to that exceeding 100% of the available freestanding sign area.

(2) Commercial Industrial and Urban Mixed Use Districts - Development/Sale Signs: Signs advertising commercial or industrial sites or properties “For Sale” or “For Rent” must be placed wholly on the applicable property and may not exceed 32 square feet in sign area. The height of such signs are limited to 10 feet overall. Any such sign greater than 16 square feet in area must obtain a building permit and be installed to the approval of the Building Inspector.

(3) Construction Signs: Construction signs are allowed until occupancy of the applicable building or completion of the structure or remodeling, whichever occurs first.

(4) Directional Signs: Direction signs may be permitted in “C,” “I” or UMU zones after approval of a Land Use Permit for a Conditional Use in accord with Section 18.42.100. The criteria for approval for such land use permits for conditional uses (variances) will be as follows: The business, group of businesses or business area must not have arterial street frontage available for free standing signage; special circumstances are necessary because of the location, size, shape or topography of the property of the business, group of businesses or business area to provide it with signage privileges typical of other properties in the vicinity or zoning district; the design of the directional sign can be conditioned to account for aesthetics, lighting, safety, compatibility with surrounding properties, and other factors necessary to meet the purpose (18.24.010) of this Chapter. Directional signs shall be further conditioned by the following:

(a) The directional sign must be located as close to the business, group of businesses, or business area as is practical.

18.24 - 8

(b) A single business is limited to one directional sign. Groups of businesses and business areas are limited to two directional signs.

(c) The preferred means to implement directional signage shall be ground mounted or monument style signs. In cases where this is impractical, the maximum height is limited to 20 feet.

(d) Directional signs shall be limited to a maximum area of 32 square feet. (e) If applicable the directional signs shall further the goals and guidelines of any

adopted neighborhood or sub area plan and/or overlay zone. (5) Electronic Message Signs or Centers: Electronic message signs or centers are

regulated per its applicable sign type, i.e., freestanding or wall-mounted. (6) Existing Off-Premises Commercial Signs in all Districts: All existing off-

premises signs installed in conjunction with a building permit as of the effective date of the ordinance codified herein are considered conforming, except billboards which are considered nonconforming. Such signs must be brought into full compliance with provisions of Section 18.24.040 herein for height, area, lighting, structural, and electrical regulations and Sign Table “A” of this Chapter. All existing off-premises temporaryportable signs not installed with a building permit must be brought into full compliance with this Chapter within 180 days of notification by the Department.

(7) Off-Premise Signs for Non-Commercial Community Sponsored Events. Off-Premise signs associated with community sponsored events on property other than the event site shall be exempt from this Chapter but must be approved by the Department of Planning for sight visibility and structural safety. Such signs are allowed for no more than 14 days prior to the event and must be removed within three days of the conclusion of the event season.

(8) Signs For City, State, Federal and Community Sponsored Events: Signs associated with City, State, Federal or community sponsored events shall be exempt from this Chapter but must be placed to not obstruct sight visibility and be structurally safe.

(a) Such signs must be removed within seven days following the event. It is the responsibility of the candidate and campaign chairmen to remove political signs, and event chairman in the case of nonpolitical events.

(b) Event signs are not allowed on public property or buildings, sidewalks, public roads, utility poles, or public facilities. However event signs will be allowed in the space between the curb and sidewalk provided there is no traffic visibility obstruction, and the abutting owners' permission has been granted.

(98) Product-Sponsored Signs: All outdoor product-sponsored signs must devote at least 75% of the sign area to the on-site business.

(109) Prohibited Signs: Except as provided elsewhere, the following signs are prohibited in all districts: off-premises commercial signs, signs, except as provided in subsection 18.24.050(7) above; off-premises mobile signs; abandoned signs; signs imitating or resembling official traffic or government signs or signals; signs attached to trees, utility poles, public benches, light poles or any other public property or right of way; and other signs not permitted by this Chapter. Signs on public transit benches and shelters and on and within public transit vehicles, when installed in conformance with a City franchise, are exempt from this Chapter.

(1110) Readerboard Signs: Readerboard signs are regulated per applicable sign type, i.e., freestanding or wall-mounted. Portable reader board signs are regulated as temporaryportable signs and a building permit is required for each location.

18.24 - 9

(1211) Residential Properties - Development/Sale Signs: Signs advertising residential properties “For Sale,” “Rent,” or “Sold” must be placed wholly on the applicable property, and shall not exceed eight square feet in sign area. The height of such signs is limited to eight feet. If the property is not on an arterial street, a single directional sign may be placed at the nearest arterial with the permission of the owner upon whose property the directional sign is placed, and the directional sign can be no larger than six square feet. Any manufactured home park or multi-family residence containing at least five living units may have one freestanding sign per abutting street frontage, which shall not exceed 10 feet in height, or 32 square feet in area and must not move or give the illusion of movement. All development signs in residential areas shall be lit only by existing surrounding lights or by lights shining directly onto the sign. Signage in the single-family subdivisions and multi-family developments must be in conformance with Chapter 18.24.

(1312) Schools Public and Quasi-public Uses in Residential Zoning Districts’ Signs: Schools Public and Quasi-public Uses located in any Residential zoning district shall be allowed the following signs:

(a) One (1) freestanding sign per public street frontage that does not exceed sixteen (16) feet in height and a maximum of forty (40) square feet in area; and

(b) One (1) wall sign per street facing building façade that does not exceed fifty (50) square feet in size. Each school facility is permitted one (1) electronic message center that can either be incorporated into an allowed freestanding or wall-mounted sign.

(1413) Rooftop Signs: Rooftop signs are only allowed in CG, CC, UMU, IL, or IH zoning districts after approval of a land use permit for conditional uses in accord with 18.42.110 KMC. The criteria for approval of such land use permits for conditional uses will be based on the following:

(a) The property requesting the rooftop sign must not have street frontage available for freestanding signage;

(b) Wall signs would be inadequate because of restricted visibility from arterial street frontage;

(c) Any approved rooftop sign must be consistent with the sign table. (1514) Signs Advertising a Group of Businesses: A group of two or more businesses

when located on one land parcel of common ownership or abutting land parcels so as to function as if of common ownership, which are located along a major or minor arterial as designated on the comprehensive plan, shall comply with Sign Table A of this Chapter to determine allowed freestanding signage along said arterial frontage.

(1615) Subdivision Directional Signs: Signs may display the direction to a subdivision by naming the subdivision and furnishing a directional arrow. The sign may not display the name of a realtor or developer, and must be removed within 24 months of its installation. The sign area is limited to 16 square feet, and sign height is limited to six feet overall height. The location of such signs must be approved by the City, and any subdivision utilizing such signs is limited to a maximum of three of these directional signs.

(1716) TemporaryNon-Commercial Portable Signs: Non-Commericial Portable signs are subject to the following requirements:Temporary signs are allowed for a maximum of 60 days within any calendar year. They may be placed for no more than 20 consecutive days and they must be removed for 30 days.

18.24 - 10

(a) Non-Commercial Portable signs related to an event may be displayed for no longer than 180 consecutive days per calendar year and must be removed no later than 14 days after the event.

(b) Non-Commercial Portable signs are not permitted to be placed on or affixed to any City property but may be allowed in the parking strip portion of the right of way the area between the curb and the sidewalk provided there is no traffic visibility obstruction and the abutting property owner’s permission has been granted;

(c) Non-Commercial Portable signs located in residential zones are subject to the following limitations:

(i) Max height: 3 ft.; (ii) Max width: 2 ft.; (iii) Max area: 4 sq. ft.; (iv) Max number of signs: Unlimited, provided total area of all signs does

not exceed 16 sq. ft.; (v) Must be installed securely in the ground; (d) Non-Commercial Portable signs located in commercial, industrial and all

other zones are subject to the following limitations: (i) Max height: 4 ft.; (ii) Max width: 3 ft.; (iii) Max area: 12 sq. ft. (iv) Total number of signs: Unlimited provided the total area of all

portable signs does not exceed 32 sq. ft.; (v) Must be professionally crafted. (Ord. 5714 Sec. 2, 2017: Ord. 5559

Sec. 1, 2014: Ord. 5180 Sec. 1, 2007) 18.24.060: Administration:

(1) Administration of this Chapter is the responsibility of the Department of Planning. The owners, their assign, or agents are responsible for compliance with the requirements contained in this Chapter.

(2) All signs must comply with the requirements of this Chapter. All sign owners must obtain a building permit prior to installation, with the exception of the following:

(a) Exempt signs as listed in: (i) Home occupations and signs for family day care homes. (ii) Subsection 18.24.050(8): City, State, Federal and community

sponsored events. (iii) Subsection 18.24.050(12): Residential properties - development/sale

signs. (iv) Subsection 18.24.050(15): Subdivision directional signs.

(b) Signs four square feet or less in area. (c) Development and “For Sale” or “For Rent” signs. (d) Changing sign copy, when such change consists of re-lettering, replacing or

changing the sign face, repainting, cleaning, or other similar and nonstructural changes.

(e) Seasonal and holiday decorating within an appropriate holiday season. (e) Official public notices or signs relating to an emergency. (g) National, State or local governmental unit flags.

18.24 - 11

(hf) Construction signs. (ig) Banners. (jh) Window signs. (k) Auxiliary signs. (li) Signs that are required by law. (mj) Signs installed in conjunction with new structure; provided that the

construction of the structure is regulated by a current building permit, and the sign complies with this Chapter.

(k) Governmental Signs: Any sign, posting, or notice placed, installed, or required by law by a city, county, state or federal governmental agency carrying out its responsibility to protect the public health, safety, and welfare, including, but not limited to, the following: (i) Emergency and warning signs necessary for public safety or civil

defense; (ii) Traffic signs erected and maintained by an authorized public agency; (iii) Signs required to be displayed by law; (iv) Signs directing the public to points of interest; and (v) Signs showing the location of public facilities.

(n) Signs relaying information or warning such as “No Trespassing,” “No Dumping,” “Private,” provided such signs do not exceed 16 square feet in area. (Ord. 5180 Sec. 1, 2007)

18.24.070: Permit Applications: Applications for building permits for signs shall contain the name of the sign owner and user of the sign; address of the property in which the sign is located; location of the sign structure on such property; drawings of the sign showing design, dimensions, structural calculations and method of lighting, if applicable, and other pertinent information necessary to ensure compliance with this Chapter. (Ord. 5714 Sec. 3, 2017: Ord. 5180 Sec. 1, 2007) 18.24.090: Change in Use: Any change in building use or classification requiring submittal of a land use permit for site plan approval, KMC 18.42.110; or any new sign structure installation will be cause of applicable signage to conform with provisions of this Section. Copy modifications are exempt. (Ord. 5180 Sec. 1, 2007) 18.24.100: Substitution: Signs containing noncommercial speech are permitted anywhere that advertising or business signs are permitted, subject to the same regulations applicable to such signs. 18.24.110: Severability: If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word in this code is declared invalid, such invalidity shall not affect the validity or enforceability of the remaining portions of the sign code.

City Council Meeting Schedule February 2018

To assure disabled persons the opportunity to participate in or benefit from City services, please provide twenty-four (24) hour advance notice for additional arrangements to reasonably accommodate special needs.

Please be advised that all Kennewick City Council Meetings are Audio Taped

February 2018 Updated 01/23/18

February 6, 2018

Tuesday, 6:30 p.m. REGULAR COUNCIL MEETING February 13, 2018 Tuesday, 6:30 p.m. WORKSHOP MEETING

1. Boys & Girls Club 2. Diversity Commission 3. Transportation System Plan Update

February 20, 2018 Tuesday, 6:30 p.m. REGULAR COUNCIL MEETING February 27, 2018

Tuesday, 6:30 p.m. WORKSHOP MEETING 1. Kennewick Public Facilities District Update 2. Mobile Food Vendors Code Revisions

City Council Meeting Schedule January 2018

Documents

Transcript of City Council Meeting Schedule January 2018